Open Access. Powered by Scholars. Published by Universities.®

Criminal Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

27,993 Full-Text Articles 19,463 Authors 44,203,207 Downloads 271 Institutions

All Articles in Criminal Law

Faceted Search

27,993 full-text articles. Page 606 of 617.

Moving Targets: Placing The Good Faith Doctrine In The Context Of Fragmented Policing, Hadar Aviram, Jeremy Seymour, Richard A. Leo 2010 UC Hastings College of the Law

Moving Targets: Placing The Good Faith Doctrine In The Context Of Fragmented Policing, Hadar Aviram, Jeremy Seymour, Richard A. Leo

Fordham Urban Law Journal

The debate sparked by Herring v. United States is a microcosm of the quintessential debate about the scope of the Fourth Amendment’s exclusionary rule and ultimately the appropriate breadth of police authority and constitutional review by courts. Offering a new reading of the decision, this article argues that Herring reflects a healthy dosage of real politic and an acknowledgment that American policing is characterized by a fragmented, localized structure with little overview and control, and much reliance on local agencies. Part I presents the authors’ interpretation of Herring as a case hinging upon the question “who made the mistake?” as …


Databases, Doctrine, And Constitutional Criminal Procedure, Erin Murphy 2010 New York University School of Law

Databases, Doctrine, And Constitutional Criminal Procedure, Erin Murphy

Fordham Urban Law Journal

Over the past twenty years there has been an explosion in the creation, availability, and use of criminal justice databases. Large scale database systems now routinely influence law enforcement decisions ranging from formal determinations to arrest or convict an individual to informal judgments to subject a person to secondary pre-flight screening or investigate possible gang membership. Evidence gathered from database-related sources is now commonly introduced, and can play a pivotal proof role, in criminal trials. Although much has been written about the failure of constitutional law to adequately respond to the threat to privacy rights posed by databases, less attention …


Commentary On "Prosecutions, Politics And The Public Interest: Some Recent Developments In The United Kingdom, Canada And Elsewhere", Mary Condon 2010 Osgoode Hall Law School of York University

Commentary On "Prosecutions, Politics And The Public Interest: Some Recent Developments In The United Kingdom, Canada And Elsewhere", Mary Condon

Articles & Book Chapters

Professor Stenning is to be congratulated for providing a fresh and timely perspective on some crucial dilemmas of prosecutorial decision-making, and for grounding his incisive analysis in a close discussion of a particularly provocative case emerging from the U.K. House of Lords in 2008. The core conundrum he addresses in his paper is the long-standing one of what should be the contours of the role played by a jurisdiction's Attorney General in prosecutorial decision-making. The context here is one in which attorneys general have multiple and significant responsibilities in governmental arenas. Specifically, he poses two questions about the Attorney General's …


Making The Punishment Fit The (Computer) Crime: Rebooting Notions Of Possession For The Federal Sentencing Of Child Pornography Offenses, Jelani Jefferson Exum 2010 University of Richmond

Making The Punishment Fit The (Computer) Crime: Rebooting Notions Of Possession For The Federal Sentencing Of Child Pornography Offenses, Jelani Jefferson Exum

Richmond Journal of Law & Technology

Sexual exploitation of children is a real and disturbing problem. However, when it comes to the sentencing of child pornography possessors, the U.S. federal system has a problem, as well. This Article adds to the current, heated discussion on what is happening in the sentencing of federal child pornography possession offenses, why nobody is satisfied, and how much the Federal Sentencing Guidelines are to blame. At the heart of this Article are the forgotten players in the discussion—computers and the Internet—and their role in changing the realities of child pornography possession. This Article argues that computers and the Internet are …


Jurors And Social Loafing: Factors That Reduce Participation During Jury Deliberations, Cynthia J. Najdowski 2010 University at Albany, State University of New York

Jurors And Social Loafing: Factors That Reduce Participation During Jury Deliberations, Cynthia J. Najdowski

Psychology Faculty Scholarship

The American jury system rests on the fundamental assumption that jurors will engage in a thorough analysis of facts and robust debate to ensure that verdicts are reliable. Research demonstrates, however, that this expectation is rarely met. All jurors do not participate equally in deliberations. This may be explained in part by social loafing, or the withdrawal of effort that may occur when an individual works in a group relative to when the individual works alone. Despite evidence that jurors do not participate equally during jury deliberations, an analysis of factors contributing to participation, or the lack thereof, has not …


Public Attitudes Toward Applying Sex Offender Registration Laws To Juvenile Offenders, Jessica M. Salerno, Margaret C. Stevenson, Tisha R. A. Wiley, Cynthia J. Najdowski, Bette L. Bottoms, Rachel A. Schmillen 2010 The University of Illinois at Chicago

Public Attitudes Toward Applying Sex Offender Registration Laws To Juvenile Offenders, Jessica M. Salerno, Margaret C. Stevenson, Tisha R. A. Wiley, Cynthia J. Najdowski, Bette L. Bottoms, Rachel A. Schmillen

Psychology Faculty Scholarship

In this chapter, we provide a summary of current registration laws for juvenile sex offenders across the United States and discuss the assumptions that drive these laws. We consider whether these assumptions have been supported or refuted by the research produced on the topic thus far. Then, turning to new data from our own laboratory, we discuss public perceptions of registration laws. This is an important issue because expansion of registry laws to juveniles might be driven by strong public support—or politicians' and policy makers' perceptions that there is public support—for expansion of the registry. As we discuss, research does …


Legislatures, Judges, And Parole Boards: The Allocations Of Discretion Under Determinate Sentencing, Dhammika Dharmapala, Nuno Garoupa, Joanna Shepherd 2010 UC Berkeley Law

Legislatures, Judges, And Parole Boards: The Allocations Of Discretion Under Determinate Sentencing, Dhammika Dharmapala, Nuno Garoupa, Joanna Shepherd

Faculty Articles

The most significant development in criminal sentencing in recent decades has been the shift from indeterminate to determinate sentencing. Yet no study has systematically explored the factors leading to this shift. In this Article, we provide the first analysis to explain why state legislatures enact reforms that significantly reduce both judges’ and parole boards’ discretion over criminal sentencing. First, we develop a political economy model that explains why legislatures acting in their own self-interest may be motivated to enact these laws. Our model predicts that legislatures are more likely to enact determinate sentencing reforms when there is tension among the …


International Movement To Deter Corruption: Should China Join?, Paul D. Carrington 2010 Duke Law School

International Movement To Deter Corruption: Should China Join?, Paul D. Carrington

Faculty Scholarship

Global concerns over the corruption of weak governments by firms engaged in transnational business are the source of an international movement that emerged in 1997. Special concern is presently directed at the weakness of enforcement of laws enacted in recent times to deter corrupt business practices in international trade that were enacted in response to that movement. One cause of weakness in law enforcement is the failure of China to share actively in those concerns and the efforts to address them. This essay will briefly record steps taken in other nations to address the concerns and the limited effectiveness of …


A Century Of Criminal Law And Criminology, Amy DeLine 2010 Northwestern Pritzker School of Law

A Century Of Criminal Law And Criminology, Amy Deline

Journal of Criminal Law and Criminology

No abstract provided.


Centennial Symposium: A Century Of Criminal Justice - Foreword, Julia T. Rickert 2010 Northwestern Pritzker School of Law

Centennial Symposium: A Century Of Criminal Justice - Foreword, Julia T. Rickert

Journal of Criminal Law and Criminology

No abstract provided.


A Short History Of American Sentencing: Too Little Law, Too Much Law, Or Just Right, Nancy Gertner 2010 Northwestern Pritzker School of Law

A Short History Of American Sentencing: Too Little Law, Too Much Law, Or Just Right, Nancy Gertner

Journal of Criminal Law and Criminology

No abstract provided.


Two Wrongs Make A Wrong: A Challenge To Plea Bargaining And Collateral Consequence Statutes Through Their Integration, Kevin O'Keefe 2010 Northwestern Pritzker School of Law

Two Wrongs Make A Wrong: A Challenge To Plea Bargaining And Collateral Consequence Statutes Through Their Integration, Kevin O'Keefe

Journal of Criminal Law and Criminology

No abstract provided.


Reforming The Law On Show-Up Identifications, Michael D. Cicchini, Joseph G. Easton 2010 Northwestern Pritzker School of Law

Reforming The Law On Show-Up Identifications, Michael D. Cicchini, Joseph G. Easton

Journal of Criminal Law and Criminology

No abstract provided.


Cultural Defense, Cultural Offense, Or No Culture At All: An Empirical Examination Of Israeli Judicial Decisions In Cultural Conflict Criminal Cases And Of The Factors Affecting Them, Tamar Tomer-Fishman 2010 Northwestern Pritzker School of Law

Cultural Defense, Cultural Offense, Or No Culture At All: An Empirical Examination Of Israeli Judicial Decisions In Cultural Conflict Criminal Cases And Of The Factors Affecting Them, Tamar Tomer-Fishman

Journal of Criminal Law and Criminology

No abstract provided.


The Modern Irrationalities Of American Criminal Codes: An Empirical Study Of Offense Grading, Paul H. Robinson, Thomas Gaeta, Matthew Majarian, Megan Schultz 2010 Northwestern Pritzker School of Law

The Modern Irrationalities Of American Criminal Codes: An Empirical Study Of Offense Grading, Paul H. Robinson, Thomas Gaeta, Matthew Majarian, Megan Schultz

Journal of Criminal Law and Criminology

No abstract provided.


Offending Women: A Double Entendre, Joanne Belknap 2010 Northwestern Pritzker School of Law

Offending Women: A Double Entendre, Joanne Belknap

Journal of Criminal Law and Criminology

No abstract provided.


Bill Clinton's Parting Pardon Party, Albert W. Alschuler 2010 Northwestern University School of Law

Bill Clinton's Parting Pardon Party, Albert W. Alschuler

Journal of Criminal Law and Criminology

No abstract provided.


Reflections And Perspectives On Reentry And Collateral Consequences, Michael Pinard 2010 Northwestern Pritzker School of Law

Reflections And Perspectives On Reentry And Collateral Consequences, Michael Pinard

Journal of Criminal Law and Criminology

No abstract provided.


The Scale Of Imprisonment In The United States: Twentieth Century Patterns And Twenty-First Century Prospects, Franklin E. Zimring 2010 Northwestern Pritzker School of Law

The Scale Of Imprisonment In The United States: Twentieth Century Patterns And Twenty-First Century Prospects, Franklin E. Zimring

Journal of Criminal Law and Criminology

No abstract provided.


In The Trenches Of Florida’S War On Gangs: A Framework For Prosecuting Florida’S Anti-Gang Sentence Enhancement Provision, Rodrigo M. Caruço 2010 Barry University School of Law

In The Trenches Of Florida’S War On Gangs: A Framework For Prosecuting Florida’S Anti-Gang Sentence Enhancement Provision, Rodrigo M. Caruço

Barry Law Review

This article discusses how the State of Florida prosecutes under the new sentence enhancement provision of Florida’s anti-gang statute. Part I discusses the general history of the provision. Part II analyzes different state approaches to the enhancement provision. Finally, Part III concludes the article with two recommendations. First, a statutory response that provides all courts in the State with clear direction to implement this provision. Second, a judicial approach for Florida courts to consistently implement a provision that is essential to Florida’s war on criminal gangs.


Digital Commons powered by bepress